Legal Question in Credit and Debt Law in Massachusetts

Must I pay for bad legal advice?

I conacted a MA attorney for a "free consultation". He is now attempting to bill me for that, a letter he said he would charge "no more than $25 for, and "review of documents" that he obviously did not read since signing them definitely would not have been in his clients best interests. This involves an attempt to list for sale property owned jointly with my ex-husband. The attorney advised me to sign listing agreements that gave no legal description, merely stated "lot" (there are two), and one listing gave permission for the constuction of a house on lot with the owner of the lot never to receive more than $26,900, but to assume the risk for any amount below the $107,000 asking price for house and lot AND pay a 5% commission on the sale of the WHOLE (5% of $107,000). The realtor husband was to build the home. SUCH A DEAL (for someone, not me). The attorney advised me to sign the listing agreements. It didn't seem like a good idea to me, so I asked a couple of real estate pros in my area, they said it looked as if someone was trying to take my land virtually for free. It seems as though the attorney did not give me advice that was in my best interests, and I believe that that is a condition of his renumeration.


Asked on 3/31/99, 1:39 pm

2 Answers from Attorneys

Thomas Workman Law Offices of Thomas Workman

Re: Must I pay for bad legal advice?

You are not going to like my answer, but here it is.

An attorney is not hired to give you business advice, but rather legal advice. Whether signing or not was a good business decision must be determined by those who can advise you on the business aspects of the agreement. You spoke with those people, the real estate pros in your area.

It sounds like the advice you got concerning signing an agreement that did not clearly specify the property to be listed (if that is the case) was inappropriate. You do not have to put the book and page number on the listing agreement, but the property must be specified with enough precision so that the listing agent and you know what property the agreement controls. Did you tell the attorney that you owned two lots? Is that in writing? What was the lot worth? If it was worth $5,000, then the agreement may be a GREAT deal for you. What is the lot appraised for?

Paying $25 for legal advice will not get you an in deapth study of the situation. Ask the attorney how many hours he or she spent on the issue, and what they did. Carefully consider what you asked the attorney to do. Attorneys who specialize in Real Estate transactions do not generally advise their client on whether the transaction is a "good buy" or not, but rather try to insure that the transaction will accomplish its intended purpose. This is likely what the attorney had reviewed the documents for.

If you can supply specifics, I would discuss this with you further.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street, Taunton, MA


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Answered on 4/07/99, 8:55 pm

Re: Must I pay for bad legal advice?

In the end, there was no ill effect to his bad advice, and

he did spend some time for you that you apparently agreed to

have him do. The free consultation should remain free, I believe,

but the review of the letter et al. should be paid for.

Whatever the amount billed is, you might tell him of your dissatisfaction

and ask him to accept something less to make you happy. He will almost

certainly be flexible, especially if you manage not to insult him while you

complain about what he did or didn't do for you.

If you want me to call him for you, to keep it civil and

let him know that you're informed of your rights,

let me know, but not until after April 19th, please.

Remind me in case I forget: I won't charge you for the three calls

involved in a short telephone call with you, calling

him, and then updating you afterwards, and if there's more

work involved later (with that or any other matter) for which

I wish to bill you, I'll get an agreement in writing from you

up front.

How much was his bill?

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Newton, MA

02459-2509

[email protected] AFTER APR. 19th.

tell (617) 527-0050 AFTER APR. 19th.

Good luck with the sale! I didn't read the details of that and

I'm not opining on any aspect of that, by the way, so don't expect

to hold me responsible for good / bad / or even no advice on that

deal, please!

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.


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Answered on 4/08/99, 1:40 pm


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